STARDUST MOBILE ESTATES v. CITY OF SANBUENAVENTURA
Rent control guidelines, under which it was presumed that "net operating income "gross income minus operating expenses--in base year provided landlord with a just and reasonable return above the required minimum absent clear and convincing evidence to the contrary, but landlord could seek a discretionary increase, in which case preferred method was to adjust the base year NOI by 50 percent of the increase in the consumer price index from the base year to the comparison year, the latest calendar year or the latest fiscal year used by the applicant for accounting purposes, then grant an increase in the amount by which the sum of the applicant's base year NOI and the price level adjustment exceeds the applicant's comparison year NOI, but landlord could obtain a larger increase by presenting clear and convincing evidence that another method was more appropriate, did not "take" landlord's property or deprive landlord of substantive due process in violation of state and federal constitutions. Landlord's right to procedural due process did not require rent board to allow cross examination at administrative hearing.
Comments on STARDUST MOBILE ESTATES v. CITY OF SANBUENAVENTURA